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ILL. DEPT. OF REV. v. PHILLIPS

No. 84-1495.

771 F.2d 312 (1985)

ILLINOIS DEPARTMENT OF REVENUE, Plaintiff-Appellant, v. William PHILLIPS, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 27, 1985.

Attorney(s) appearing for the Case

Steven F. Molo, Neal B. Goodfriend, Chicago, Ill., for plaintiff-appellant.

Richard D. Trainor, Quinlivan & Trainor, Chicago, Ill., for defendant-appellee.

Before BAUER and COFFEY, Circuit Judges, and CAMPBELL, Senior District Judge.

BAUER, Circuit Judge.

This case presents a question of first impression as to whether a state's Department of Revenue may file suit in federal court for treble damages under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. § 1961, et seq., against a retailer who files fraudulent state sales tax returns. In this case the district court granted the retailer, defendant William Phillips', motion to dismiss the RICO complaint filed by...

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